Court of Appeals of New York
138 N.E.2d 799 (1956)
Decina (defendant) suffered an epileptic attack while driving which caused his vehicle to travel at a high rate of speed, jump a curb, and strike four individuals, killing them. Decina was charged with, and convicted of, “criminal negligence in the operation of a vehicle resulting in death.” Decina appealed, claiming the trial court erred in overruling his demurrer to the indictment and allowing the admission of incompetent testimony. The appellate division held that the demurrer was properly overruled, but reversed and remanded to the trial court for a new trial on the second issue. Decina and the prosecution appealed to the Court of Appeals of New York.
Rule of Law
Holding and Reasoning (Froessel, J.)
Concurrence/Dissent (Desmond, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 199,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.